African Perspectives In International Investment Law

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African perspectives in international investment law

Author : Yenkong Ngangjoh Hodu,Makane Moïse Mbengue
Publisher : Manchester University Press
Page : 326 pages
File Size : 46,9 Mb
Release : 2020-12-15
Category : Law
ISBN : 9781526151261

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African perspectives in international investment law by Yenkong Ngangjoh Hodu,Makane Moïse Mbengue Pdf

The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega- regional trade agreements and the negotiation of mega- regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa’s participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics, and litigation experts, this landmark volume is the first of its kind of explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa’s foreign investment climate and international investment law, this timely collection is essential reading for academics, students, and practitioners alike.

International Investment Law and Policy in Africa

Author : Fola Adeleke
Publisher : Routledge
Page : 211 pages
File Size : 44,8 Mb
Release : 2017-09-08
Category : Business & Economics
ISBN : 9781351998819

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International Investment Law and Policy in Africa by Fola Adeleke Pdf

This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 47,9 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058295

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

Author : OECD
Publisher : OECD Publishing
Page : 344 pages
File Size : 53,5 Mb
Release : 2008-03-14
Category : Electronic
ISBN : 9789264042032

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International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by OECD Pdf

A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.

The Interpretation of International Investment Law

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 53,5 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Regionalism in International Investment Law

Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 560 pages
File Size : 45,5 Mb
Release : 2013-03-07
Category : Law
ISBN : 9780199874859

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Regionalism in International Investment Law by Leon Trakman,Nicola Ranieri Pdf

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

Legal Protection and Sustainability of Chinese Investments in Africa

Author : Xiuli Han
Publisher : Springer Nature
Page : 400 pages
File Size : 53,9 Mb
Release : 2022-08-26
Category : Law
ISBN : 9789811918827

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Legal Protection and Sustainability of Chinese Investments in Africa by Xiuli Han Pdf

This book attempts to illustrate the whole picture of international investment rule of law between China and African countries and find the way forward through combining theory and practice. It is a book by a Chinese professor based on her long-term research experience in the international investment law field and her African field work in person. Its main feature is its well-balanced thinking on the structure of investment international rule of law. It should be the most comprehensive research on the international investment rule of law between China and African countries. With the increase of Chinese investment in Africa, various discussions and viewpoints on Chinese investment in Africa have become striking. The purpose of this book is to explore systematically the protection and sustainability of Chinese investment under the concept and framework of the international investment rule of law, so as to serve the sustainable development of Africa and China. For the purpose of this book, great importance is attached to the idea of the international rule of law, and the international investment law with the function of rule of law is adhered to. The conclusion of this book is that China should take proactive steps to protect Chinese investment in Africa and regulate Chinese overseas investors and their investments in addition to complying with the laws in the host states and thus make them conductive to African and Chinese sustainable development; however, the most significant issue is that China-Africa investment relations should be regulated by the evolving and specific international investment rule of law, and the China-Africa international investment rule of law should conform to normative in form, support common sustainable development in value, and reflect the social reality of China and Africa. For both researchers and students, it is an approach to understand international investment rule of law from a perspective of China and Africa. For those who are interested in China and Africa, it is a useful reference book.

International Investment Law

Author : Marc Bungenberg
Publisher : Hart Pub Limited
Page : 2000 pages
File Size : 44,7 Mb
Release : 2014-11-30
Category : Law
ISBN : 1849463638

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International Investment Law by Marc Bungenberg Pdf

International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

International Economic Law and African Development

Author : Laurence Boulle
Publisher : Siber Ink
Page : 240 pages
File Size : 52,9 Mb
Release : 2014-06-20
Category : Business & Economics
ISBN : 9781920025922

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International Economic Law and African Development by Laurence Boulle Pdf

International Economic Law and African Development discusses international perspectives on African law and economic development in the light of broader globalisation imperatives. It is the third in what can loosely be described as a series on Africa and gobalisation by the Mandela Institute, the first two being Globalisation and Governance and International Economic Law - Voices of Africa.

Investment Law within International Law

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 48,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

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Investment Law within International Law by Freya Baetens Pdf

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

The International Law on Foreign Investment

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 41,6 Mb
Release : 2010-05-06
Category : Law
ISBN : 9780521763271

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The International Law on Foreign Investment by M. Sornarajah Pdf

This book is a thought-provoking and authoritative text on this fast moving field of international law.

International Investment Perspectives 2007 Freedom of Investment in a Changing World

Author : OECD
Publisher : OECD Publishing
Page : 236 pages
File Size : 43,8 Mb
Release : 2007-09-28
Category : Electronic
ISBN : 9789264037571

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International Investment Perspectives 2007 Freedom of Investment in a Changing World by OECD Pdf

Contains two analytic sections. The first addresses an apparent growth in discriminatory practices toward cross-border investment in recent years motivated by concerns about national security and related essential concerns. The second section focuses on the new opportunities arising from FDI.

International Investment Law and the Right to Regulate

Author : Lone Wandahl Mouyal
Publisher : Routledge
Page : 289 pages
File Size : 46,7 Mb
Release : 2016-03-10
Category : Business & Economics
ISBN : 9781317408017

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International Investment Law and the Right to Regulate by Lone Wandahl Mouyal Pdf

The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

International Investment Law and History

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 40,7 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439963

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International Investment Law and History by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina

Author : Attila Tanzi,Alessandra Asteriti,Rodrigo Polanco Lazo,Paolo Turrini
Publisher : BRILL
Page : 899 pages
File Size : 42,6 Mb
Release : 2016-03-03
Category : Law
ISBN : 9789004311473

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International Investment Law in Latin America / Derecho Internacional de las Inversiones en América Latina by Attila Tanzi,Alessandra Asteriti,Rodrigo Polanco Lazo,Paolo Turrini Pdf

International Investment Law in Latin America: Problems and Prospects analyses the trend from enthusiasm to diffidence Latin American countries have recently undergone towards investment law. Experts draw lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. En Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, la tendencia desde el entusiasmo a la desconfianza de los países latinoamericanos hacia esta rama del derecho es analizada, en búsqueda de posibles soluciones a los importantes desafíos que actualmente enfrenta esa región.